How can the Election Commission's powers be balanced to ensure both fairness and accountability in the electoral process?

The Election Commission of India (ECI) is a constitutional body responsible for conducting free and fair elections. While it needs autonomy to function impartially, there must also be checks to prevent misuse of its powers and to ensure accountability. Balancing fairness and accountability is essential for a healthy democracy.

• Legal Framework:
  • The Constitution (Article 324) provides independence to the ECI, but its actions are subject to judicial review by the Supreme Court and High Courts.
  • Any order or decision of the ECI can be challenged in court if it is arbitrary or violates fundamental rights.
• Internal Checks:
  • The ECI is a multi-member body (Chief Election Commissioner and Election Commissioners), ensuring collective decision-making and reducing chances of individual bias.
  • Decisions are generally taken by majority, not by a single individual.
• Parliamentary Oversight:
  • Parliament can discuss the conduct of ECI, especially during Question Hour or through parliamentary committees.
  • Law Commission and other expert bodies can review and suggest reforms regarding ECI’s functioning.
• Transparent Procedures:
  • ECI publishes its guidelines, Model Code of Conduct, and decisions to ensure transparency.
  • Public scrutiny and media coverage act as informal checks on ECI’s actions.
• Appointment and Removal Process:
  • Currently, the appointment of Election Commissioners is done by the President, but experts suggest a collegium system (including PM, Leader of Opposition, and Chief Justice) for more transparency and less political influence.
  • Removal of Chief Election Commissioner is as difficult as that of a Supreme Court judge, ensuring security of tenure but also making accountability challenging.
• Possible Reforms:
  • Establishing an independent secretariat for ECI with separate budgetary allocation.
  • Setting up a parliamentary committee to periodically review ECI’s functioning and address complaints against it.
  • Mandating regular audits and public disclosure of ECI’s decisions and expenditures.